Document GKvRK8B1DEg7vzenkgb58OOOY

* <'* uiuumiim E.i.ou Pont oe Nemours & Company Wilmington* Delaware lease lucal oupahtmcnt November 1/ 1978 TO: PROM: ALL LEGAL DEPARTMENT EMPLOYEES T. J. MC CARTHY/ CHAIRMAN* SAFETY COMMITTEE YOUR RESPONSIBILITIES UNDER THE TONIC SUBSTANCES CONTROL ACT (TSCA) _________________SECTION 0(c)__________ ~ Your safety and health on the job Uupund on Uic acceptance of personal responsibility by you and your fells employees to work safely and to report and correct prompt ly any unsafe conditions. Injuries and illnesses will nou'r-u' prevented without everyone4 s continuing commitment;. For years* all employees in Du Pont have worked to find and correct hazards including those from corrs&^vc toxic* and otherwise dangerous substances. Now, the Substances Control Act (TSCA) requires that Du Pont, also to the U.S. Environmental Protection Agency (spa; cer tain information on toxic substances which employees find in this effort. Specifically* EPA makes us* as Du Pont employees* responsible for reporting to EPA when we obtain information not already known or available to epa indicating that a chemical substance or mixture which we make* sell, or use presents a substantial risk of injury to human health cr the mv i-rccmnc.t. ^h-ia incl'il.c-i ichtraa,-! it ; tiLir.ei iort you received this notice as well as future informatio; r: As authorized by EPA* the Company has established a procedure for obtaining and submitting to the EPA substan tial risk information that cornea to the attention of employees. This relieves individual employees of the obli gation to report to EPA directly. Steps in the Procedure -- 1. First* consider if the hazard information is the kind that must bo reported to EPA. It should lead you to believe that a particular chemical or mixture that Du Pont makes* sells* or uses may cause serious threats to z human health or the environment. These could include human health threats such as cancer or birth defects, environmental threats such as previously unsuspected accumulation of a , chemical in part of the environment, or emergency incidents serious enough to cause these health or environmental problem.. Information known by EPA or merely confirming adverse effects already described in published literature should not be reported. Minor discharges or spills should be reported to supervision but not to the EPA by this procedure. EPA wants pertinent information promptly but wants to minimize dupli cate reports or false alarms. 2. Next, discuss the situation with your uupcrviuor or M. E. CJrann, Environment .Division. She has additional EPA instructions helpful in deciding if the information is reportable under the law. She can also provide you with the Company report form "Substantial Risk Information". 3. If you decide you have reportable information, fill out the form summarizing the adverse effect, the chemical or mixture involved, and why you believe a substantial risk is present. Then return the form to your supervisor. By giving the form to him, you will have met your obligation. The form will be sent to Wilmington for review. If the infor mation requires reporting, it will be sent promptly to EPA. 4. Finally, you will be told whether or not the Company submitted the information to EPA. If it was not re ported, you will also be told why, and if you choose, you may report the information directly to EPA. If you report directly to EPA, Du Pont will not discriminate against you. The law, furthermore, guarantees this. Penalties EPA must be notified by certified mail within 15 work ing days of the time when an employee who is capable of appre ciating tho_significance of the information first obtains it. In emergencies, the EPA must be notified by phone as soon as possible. It is unlawful for any person, including a corpora tion, to fail or refuse to submit substantial risk information. Violators are subject to a federal civil penalty and possible criminal prosecution. Additional Information If you have any questions or wish to obtain additions information concerning the Company's substantial risk reporting program, you should contact M. E. Urann, Extension 48457. DUp >152788 ADDITIONAL INFORMATION = TOXIC SUBSTANCES CONTROL ACT (TSCA) SECTION 8(e) SUBSTANTIAL RISK REPORTING PROCEDURES Employee Responsibility Section 8(e) of TSCA states that: "Any person who manu factures, processes, or distributes in commerce a chemical sub stance or mixture and who obtains information which reasonably supports the conclusion that such substance or mixture presents a substantial risk of injury to health or the environment, shall immediately inform the Administrator (EPA) of such information unless such person has actual knowledge that the Administrator has been adequately informed of such information.. The EPA requires employees capable of appreciating the significance of hazardous substance information to report to EPA through a company procedure or directly to EPA if the company does not have an established and internally publicized reporting procedure. Information which reasonably supports the conclusion that a substance or mixture presents a substantial risk to health or the environment must be reported. Since Du Pont has substanti risk reporting procedures, employees meet their obligation by reporting the information to their supervision and relying on sup vision to forward it to EPA. What Substances are Covered The law covers chemicals manufactured, processed, or distributed in commerce, including raw materials, processed chem icals (such as intermediates and catalysts), and chemicals manu factured or processed for product research and development. What is Substantial Risk Information EPA ^requires us to report information reasonably support! the conclusion that specific chemicals or mixtures present certai risks. The risks must be substantial; that is, they must be of DUP '<5278, iji--aai -2 considerable concern because of: Ul the seriousness of the three to health or the environment, and C2) the probability of occurrenc ' of the adverse effect. Information about the risk could come from designed contro studies such as laboratory toxicity tests, epidemiology studies or environmental monitoring, or the information could arise from uncc trolled circumstances reported in medical and health surveys or fr direct evidence of effects of certain chemicals on consumers, work or the environment. EPA has given examples of several reportable effects. We should report situations where a particular chemical or group of chemicals is.strongly implicated as the possible cause of serious health effects such as death, cancer, birth defects, mutagehicity, serious or prolonged incapacity, or a relatively serious impairmer. of a normal body function -- or any pattern of such effects. We must also report information concerning widespread, previously ^unsuspected, environmental effects. These could includ pronounced bioacoumulation or significant ecological change, such as massive fish Kills or significant decreases in local wildlife or vegetation. Also reportable are emergency incidents of environ mental contamination large enough to seriously threaten humans or the environment with these adverse effects. Substantial risk information in Du Pont files prior to January 1, 1977, which we know of personally, or which has come to our attention since that date must also be reported. EPA's more detailed explanation of substantial, risk information has been published in the Federal Register, available from coordinators at each site. DUP 1152790 iaftaaaifliMM iif _ -j * What la not to be Reported We should not report information if it has been previously given to EPA7 or if it merely confirms well-established adverse effects already documented in scientific literature. Under Du Pont procedures./ Wilmington management/ with the advice of Haskell Laboratory and Legal Department/ will decide whether information is covered in Section 8 (e) or if previous disclosures to EPA are adequate. Also, substantial risks are not intended to include minor air emissions or spills such as those from pipe leaks, loose couplings/ or limited discharges to air or water in excess of established limits. These should be reported through supervision as has been done previously but not to SPA by substantial risk reporting procedures. * How to Report Through the Company System Except for emergency incidents which must be reported by phone as promptly as possible/ relevant substantial risk Information must be reported to EPA within fifteen working days after an employee who is capable of appreciating the significance of the information f. obtains it. Self-explanatory reporting forms are available from sup< vision. After they are filled out and given to supervision/ the sits environmental coordinator/ or other designated person will forward forms to the Environmental Manager of the Department who will consul as appropriate, with management/ the representative on the Haskell Laboratory Liaison Committee, the Director of Haskell Laboratory, the Medical Director, and the Legal Department's Environment Divisiot If it is decided that the report includes substantial risk informatic likely to be reportable, the Environmental Manager will forward the report to the Director of Environmental Affairs for consideration by the Corporate Environmental Quality Committee and subsequent sub mission to EPA by-Haskell Laboratory. nUP 1152791 -4- Because only fifteen working days are allowed, it is essentia that each step of the procedure be completed within one working day Use of phone-or teletype it recommended where possible. Informatic communicated by phone should be confirmed in writing using normal Company mailing procedures. In emergencies, field locations (plant sitesrand others, including warehouses) must notify Wilmington promptly by phone; Wilmington will then report to EPA. * Notice of Disposition off Report The Departmental Environmental Manager, or the Director of Environmental Affairs -- as the case may be -- will promptly inform the employee in writing of what action has been taken on the report. He will also advise the Medical Director, the Director * of Haskell Laboratory, and the Environmental Health Section of the Legal Department. If the report is not sent to EPA, the employee will be advised that while he has completed his responsibility, the law guarantees him the right to report the information directly to EPA without risk of discharge or discrimination concerning terms conditions, or privileges of employment. Penalties for Failure to Report ItjLs unlawful for any person, including a corporation, to fail or refuse to submit substantial risk information. Violators are subject to a Federal civil penalty and possible criminal prose cution. 9/25/78 DW ' >52792 -- 7 -- (Duco) TOXIC SUBSTANCES CONTROL ACT (TSCA) SECTION 8(e) SUBSTANTIAL RISX INFORMATION TO: . ENVIRONMENTAL COORDINATOR (Department) (Site)_________________________ 1.. SUMMARY OP ADVERSE EFFECT; NATURE AND EXTENT OF RISK 2. CHEMICAL SUBSTANCE OR MIXTURE INVOLVED 3. SOURCE OF INFORMATION; REASON EMPLOYEE BELIEVES SUBSTANTIAL RISK TO HEALTH OR THE ENVIRONMENT IS PRESENT SIGNATURE: EMPLOYEE'S NAME, DEPARTMENT, AND LOCATION: DISPOSITION OF REPORT: _ Signature of Environmental Coordin Copy 5 - Employee's Retained Copy (See reverse side) DUP 1152793 Page 2 of Copy 5 (Employee's Retained Copy) INSTRUCTIONS Section 8(e) of idle Toxic Substances Control Act (15 U.S.C. 2607) states: "(e) NOTICE TO ADMINISTRATOR OP SUBSTANTIAL RISK.--Any person who manu factures, processes, or distributes in oommerce a chemical substance or mixture and who obtains information which reasonably supports the con clusion that such substance or mixture presents a substantial ri3k of injury to health or the environment shall immediately inform the Admin istrator (EPA) of such information unless such person has actual knowl edge that the Administrator has been adequately informed of such infor mation ." -- EPA requires that Du Pont and its employees capable of appreciating the significance of substantial risk information report the facts to EPA withr fifteen workdays after obtaining them. You satisfy this obligation by com pleting this form and giving it promptly to your supervisor. EPA requires you to report information which reasonably supports the con clusion that a substance or mixture which Du Pont makes, sells, or uses presents the substantial risk. You must report situations where a partic ular chemical or sroup of chemicals is strongly implicated as the possible cause of serious human health effects such as death, cancer, birth defects mutagenicity, serious or prolonged incapacity, or a relatively serious impairment of a normal body function, or any pattern of such effects. You must also report information concerning widespread environmental effects previously unsuspected. These could include pronounced bioaccumulation or significant ecological change, such as massive fish kills or significant decreases in local wildlife or vegetation. Also reportable are emergency incidents of environmental contamination large enough to seriously threate humans or the environment with these adverse effects. Substantial risk information in Du Pont files prior to January 1, 1977, which you know of personally, or which has come to your attention since that data must also be reported. You shouldjot report information if it has been previously given to EPA, or if it merely aonfirms well-established adverse effects already documented in, scientific literature. We suggest that before you fill out this form, you should discuss the particular situation with your supervisor, site environmental coordinator, or other designated representative. If you report to supervision on this form, you will be notified of the Company's decision whether or not to report this information to EPA. If it was not reported, you will be told why and, if you choose, you may report the information directly to EPA. If you make this ^choice, Du Pont will not discriminate against you. The law, furthermore,__guarantees this. There are civil and criminal penalties for failure to report appropriate information to EPA. Give copies 1, 2, 3, and 4 to your supervisor, or environmental coordinato Retain Copy S (green). He will do the following with the copies: (white) (yellow) (pink) (blue) Copy 1: Copy 2i Copy 31 Copy 4: Sand to Departmental Environmental Manager-Wilmington Also send to Departmental Environmental Manager-Wilming Send to Environmental Division-Legal Departmant-Wilming Retained by the Environmental Coordinator at the site. Copy 2 will be returned to you from Wilmington notifying you of the Compar disposition of your report. DUP 1152794